(1)No inmate shall be subjected to any measure of restraint to curtail substantially his limited liberty within the prison, or while in transit, except as provided in this Act or rules made thereunder.(2)Under exceptional circumstances where, with reference to the state of the prison or the character of any inmate or both, the Superintendent considers it necessary for the safe custody of such inmate, or for the safety of the inmate himself or of any other inmate, that such inmate should be subjected to physical restraint, he may, for reasons to be recorded in writing and subject to rules made under this Act in this behalf, -(a)confine the inmate in a cell or room apart from other inmates subject to the conditions that he shall not be secluded from communication with, and sight of, other inmates, or, unless special circumstances exist, be debarred from having his meals in association of one or more other inmates; or(b)confine the inmate in chain fetters of such description as may be prescribed by rules made under this Act :Provided that -(i)no inmate shall be confined in chain fetters under this sub-section unless prior permission of a Court having jurisdiction is obtained for confining the inmate in chain fetters for reasons as aforesaid;(ii)no chain fetters shall be imposed on any female inmate, civil inmate or detenu;(iii)no kind of fetters other than chain fetters shall be imposed on any inmate under this subsection;(iv)both the measures of restraint mentioned at clauses (a) and (b) of this sub-section shall not be imposed on any inmate at the same time.(3)The Superintendent shall review his order under sub-section (2) at intervals of not more than one month, and shall by order withdraw the measure of restraint whenever he is of opinion that this can be done with safety or on the recommendation of the Medical Officer at any time on the grounds that its continuance is injurious to the health of the inmate :Provided that the continuance of any measure of restraint imposed under sub-section (2) for a period exceeding three months shall be subject to prior approval of the Inspector General.(4)While escorting an inmate from one prison to another, or from a prison to court or hospital or any other place and back, no handcuff shall be imposed on him unless prior permission of a Court having jurisdiction is obtained for imposing handcuffs on him while being escorted as aforesaid.
